Bill Text: TX SB211 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the continuation and functions of the Texas Facilities Commission and to property development plans in connection with governmental entities; authorizing fees.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2013-06-14 - See remarks for effective date [SB211 Detail]
Download: Texas-2013-SB211-Enrolled.html
S.B. No. 211 |
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relating to the continuation and functions of the Texas Facilities | ||
Commission and to property development plans in connection with | ||
governmental entities; authorizing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 30.022, Education Code, is amended by | ||
amending Subsection (h) and adding Subsection (h-1) to read as | ||
follows: | ||
(h) Except as provided by Subsection (h-1), the [ |
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has [ |
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and shall administer and spend appropriations made for the benefit | ||
of the school. | ||
(h-1) The Texas Facilities Commission shall provide | ||
facilities maintenance services for the physical facilities of the | ||
school, including facilities construction, cabling, facility | ||
reconfiguration, and any other services as provided by a memorandum | ||
of understanding between the board and the Texas Facilities | ||
Commission. | ||
SECTION 2. Section 30.052, Education Code, is amended by | ||
amending Subsection (h) and adding Subsection (h-1) to read as | ||
follows: | ||
(h) Except as provided by Subsection (h-1), the [ |
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has [ |
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and shall administer and spend appropriations to carry out the | ||
purposes of the school as provided by Section 30.051. | ||
(h-1) The Texas Facilities Commission shall provide | ||
facilities maintenance services for the physical facilities of the | ||
school, including facilities construction, cabling, facility | ||
reconfiguration, and any other services as provided by a memorandum | ||
of understanding between the board and the Texas Facilities | ||
Commission. | ||
SECTION 3. Section 443.007, Government Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) If the board updates or modifies its long-range master | ||
plan for the preservation, maintenance, restoration, and | ||
modification of the Capitol and the Capitol grounds, the board must | ||
conform its plan to the Capitol Complex master plan prepared by the | ||
Texas Facilities Commission under Section 2166.105. | ||
SECTION 4. Section 552.153, Government Code, is amended by | ||
amending Subsection (b) and adding Subsection (d) to read as | ||
follows: | ||
(b) Information in the custody of a responsible | ||
governmental entity that relates to a proposal for a qualifying | ||
project authorized under Chapter 2267 is excepted from the | ||
requirements of Section 552.021 if: | ||
(1) the information consists of memoranda, staff | ||
evaluations, or other records prepared by the responsible | ||
governmental entity, its staff, outside advisors, or consultants | ||
exclusively for the evaluation and negotiation of proposals filed | ||
under Chapter 2267 for which: | ||
(A) disclosure to the public before or after the | ||
execution of an interim or comprehensive agreement would adversely | ||
affect the financial interest or bargaining position of the | ||
responsible governmental entity; and | ||
(B) the basis for the determination under | ||
Paragraph (A) is documented in writing by the responsible | ||
governmental entity; or | ||
(2) the records are provided by a proposer | ||
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affected jurisdiction under Chapter 2267 and contain: | ||
(A) trade secrets of the proposer [ |
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(B) financial records of the proposer | ||
[ |
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statements, that are not generally available to the public through | ||
regulatory disclosure or other means; or | ||
(C) work product related to a competitive bid or | ||
proposal [ |
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[ |
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an interim or comprehensive agreement, would provide a competing | ||
proposer an unjust advantage or adversely affect the financial | ||
interest or bargaining position of the responsible governmental | ||
entity or the proposer [ |
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(d) In this section, "proposer" has the meaning assigned by | ||
Section 2267.001. | ||
SECTION 5. Section 2152.002, Government Code, is amended to | ||
read as follows: | ||
Sec. 2152.002. SUNSET PROVISION. The Texas Facilities | ||
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(Texas Sunset Act). Unless continued in existence as provided by | ||
that chapter, the commission is abolished and this subtitle, except | ||
for Chapter 2170 and Section 2157.121, expires September 1, 2021 | ||
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SECTION 6. Subchapter B, Chapter 2152, Government Code, is | ||
amended by adding Section 2152.066 to read as follows: | ||
Sec. 2152.066. NEGOTIATED RULEMAKING AND ALTERNATIVE | ||
DISPUTE RESOLUTION POLICY. (a) The commission shall develop and | ||
implement a policy to encourage the use of: | ||
(1) negotiated rulemaking procedures under Chapter | ||
2008 for the adoption of commission rules; and | ||
(2) appropriate alternative dispute resolution | ||
procedures under Chapter 2009 to assist in the resolution of | ||
internal and external disputes under the commission's | ||
jurisdiction. | ||
(b) The commission's procedures relating to alternative | ||
dispute resolution must conform, to the extent possible, to any | ||
model guidelines issued by the State Office of Administrative | ||
Hearings for the use of alternative dispute resolution by state | ||
agencies. | ||
(c) The commission shall: | ||
(1) coordinate the implementation of the policy | ||
adopted under Subsection (a); | ||
(2) provide training as needed to implement the | ||
procedures for negotiated rulemaking or alternative dispute | ||
resolution; and | ||
(3) collect data concerning the effectiveness of those | ||
procedures. | ||
SECTION 7. Section 2152.104, Government Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) The commission shall provide professional service staff | ||
and the expertise of financial, technical, and other necessary | ||
advisors and consultants, authorized under Section 2267.053(d), to | ||
support the Partnership Advisory Commission in its review and | ||
evaluation of qualifying project proposals. | ||
SECTION 8. Subsection (b), Section 2165.007, Government | ||
Code, is amended to read as follows: | ||
(b) Notwithstanding any other law, the commission shall | ||
provide facilities management services in relation to all state | ||
agency facilities in Travis County or a county adjacent to Travis | ||
County. The commission's duty does not apply to: | ||
(1) a facility owned or operated by an institution of | ||
higher education; | ||
(2) military facilities; | ||
(3) facilities owned or operated by the Texas | ||
Department of Criminal Justice; | ||
(4) facilities owned or operated by the Texas Juvenile | ||
Justice Department [ |
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(5) facilities owned or operated by the Texas | ||
Department of Transportation; | ||
(6) the Capitol, including the Capitol Extension, the | ||
General Land Office building, the Bob Bullock Texas State History | ||
Museum, any museum located on the Capitol grounds, the Governor's | ||
Mansion, and any property maintained by the Texas Historical | ||
Commission under Sections 442.0072 and 442.0073; | ||
(7) a facility determined by the commission to be | ||
completely residential; | ||
(8) a regional or field office of a state agency; | ||
(9) a facility located within or on state park | ||
property; | ||
(10) the property known as the Finance Commission | ||
Building described by deed recorded in Volume 5080, Page 1099, of | ||
the Deed Records of Travis County, Texas; [ |
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(11) the property known as the Credit Union Department | ||
Building described by deed recorded in Volume 6126, Page 27, of the | ||
Deed Records of Travis County, Texas; | ||
(12) facilities owned or operated by the Texas School | ||
for the Blind and Visually Impaired; or | ||
(13) facilities owned or operated by the Texas School | ||
for the Deaf. | ||
SECTION 9. Section 2165.055, Government Code, is amended to | ||
read as follows: | ||
Sec. 2165.055. REPORT ABOUT IMPROVEMENTS AND REPAIRS. The | ||
commission [ |
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governor, lieutenant governor, speaker of the house of | ||
representatives, comptroller, and Legislative Budget Board on: | ||
(1) all improvements and repairs that have been made, | ||
with an itemized account of receipts and expenditures; and | ||
(2) the condition of all property under its control, | ||
with an estimate of needed improvements and repairs. | ||
SECTION 10. Section 2165.2035, Government Code, is amended | ||
by adding Subsection (d-1) and amending Subsection (e) to read as | ||
follows: | ||
(d-1) From the money received under Subsection (d), an | ||
amount equal to the costs associated with the lease of state parking | ||
lots and garages, including costs of trash collection and disposal, | ||
grounds and other property maintenance, and the remedying of any | ||
damage to state property, may be appropriated only to the | ||
commission to pay those costs. | ||
(e) On or before December 1 of each even-numbered year, the | ||
commission shall electronically submit a report to the legislature | ||
and the Legislative Budget Board describing the effectiveness of | ||
the program under this section. | ||
SECTION 11. Section 2165.2046, Government Code, is amended | ||
to read as follows: | ||
Sec. 2165.2046. REPORTS ON PARKING PROGRAMS. On or before | ||
December [ |
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shall electronically submit a report to the legislature and | ||
Legislative Budget Board describing the effectiveness of parking | ||
programs developed by the commission under this subchapter. The | ||
report must, at a minimum, include: | ||
(1) the yearly revenue generated by the programs; | ||
(2) the yearly administrative and enforcement costs of | ||
each program; | ||
(3) yearly usage statistics for each program; and | ||
(4) initiatives and suggestions by the commission to: | ||
(A) modify administration of the programs; and | ||
(B) increase revenue generated by the programs. | ||
SECTION 12. Subchapter F, Chapter 2165, Government Code, is | ||
amended by adding Section 2165.259 to read as follows: | ||
Sec. 2165.259. CAPITOL COMPLEX. (a) In this section, | ||
"Capitol Complex" has the meaning assigned by Section 443.0071. | ||
(b) Notwithstanding Subchapter D and subject to Subsection | ||
(d), the commission may not lease, sell, or otherwise dispose of | ||
real property or an interest in real property located in the Capitol | ||
Complex. | ||
(c) This section does not affect the commission's authority | ||
under Subchapter E to lease space in state office buildings and | ||
parking garages. | ||
(d) The commission may develop or operate a qualifying | ||
project, as that term is defined by Section 2267.001, in the Capitol | ||
Complex if: | ||
(1) the legislature by general law specifically | ||
authorizes the project; and | ||
(2) before the commission enters into a comprehensive | ||
agreement for the project, the legislature individually approves | ||
the project under Section 2268.058. | ||
SECTION 13. Chapter 2165, Government Code, is amended by | ||
adding Subchapter H to read as follows: | ||
SUBCHAPTER H. PUBLIC AND PRIVATE FACILITIES AND INFRASTRUCTURE: | ||
QUALIFYING PROJECTS | ||
Sec. 2165.351. DEFINITIONS. In this subchapter: | ||
(1) "Partnership Advisory Commission" means the | ||
Partnership Advisory Commission created by Chapter 2268. | ||
(2) "Qualifying project" has the meaning assigned by | ||
Section 2267.001, as added by Chapter 1334 (S.B. 1048), Acts of the | ||
82nd Legislature, Regular Session, 2011. | ||
Sec. 2165.352. COMMISSION REVIEW GUIDELINES AND POLICIES. | ||
(a) In adopting the qualifying project review guidelines required | ||
by Section 2267.052, as added by Chapter 1334 (S.B. 1048), Acts of | ||
the 82nd Legislature, Regular Session, 2011, the commission must | ||
include review criteria and documentation to guide the initial | ||
review of each substantially complete qualifying project proposal | ||
received by the commission. | ||
(b) The review criteria required under Subsection (a) at a | ||
minimum must include: | ||
(1) the extent to which the qualifying project meets a | ||
public need; | ||
(2) the extent to which the project meets the | ||
objectives and priorities of the commission and aligns with any | ||
applicable commission plans and design guidelines or zoning | ||
requirements, including the Capitol Complex master plan developed | ||
under Section 2166.105; | ||
(3) the technical and legal feasibility of the | ||
project; | ||
(4) the adequacy of the qualifications, experience, | ||
and financial capacity of a private entity or other person | ||
submitting the proposal; | ||
(5) any potentially unacceptable risks to this state; | ||
and | ||
(6) whether an alternative delivery method is feasible | ||
and more effectively meets this state's goals. | ||
(c) The commission's qualifying project review guidelines | ||
must: | ||
(1) specify the types of professional expertise, | ||
including financial, real estate, design, legal, and other related | ||
expertise, needed to effectively protect this state's interest when | ||
considering and implementing a qualifying project; | ||
(2) specify the range of professional expertise needed | ||
at each stage of the project, including proposal evaluation, | ||
financial analysis, risk allocation analysis, design review, | ||
contract negotiation, and contract and performance monitoring, to | ||
evaluate the qualifying project proposal; and | ||
(3) require the oversight committee established by the | ||
commission for each qualifying project to report to the commission | ||
the results of the committee's evaluation of the project, including | ||
the schedules, procedures, proposal evaluation criteria, and | ||
documentation required in the guidelines for the evaluation. | ||
(d) On completion of the negotiation phase for the | ||
development of a comprehensive agreement and before a comprehensive | ||
agreement is entered into, the commission shall: | ||
(1) for each qualifying project proposal, post on the | ||
commission's Internet website the oversight committee's review | ||
report and other evaluation documents; and | ||
(2) before posting the report and documents required | ||
under Subdivision (1), redact all information included in the | ||
report and documents that is considered confidential under Section | ||
2267.066(c). | ||
(e) The expertise described by Subsection (c) may be | ||
provided by commission staff or outside experts. | ||
Sec. 2165.353. QUALIFYING PROJECT FEES. (a) The | ||
commission may charge a reasonable fee to cover the costs of | ||
reviewing a qualifying project. The commission shall develop and | ||
adopt a qualifying project proposal fee schedule sufficient to | ||
cover its costs, including at a minimum the costs of processing, | ||
reviewing, and evaluating the proposals. | ||
(b) The commission shall use the professional expertise | ||
information required under Section 2165.352(c) to determine the | ||
amount of the fee charged by the commission to review a qualifying | ||
project proposal. The amount must be reasonable in comparison to | ||
the level of professional expertise required for the project and | ||
may include the cost of staff time required to process the proposal | ||
and other direct costs. | ||
(c) The commission may use the money from the fees collected | ||
under this section to hire or contract with persons who have the | ||
professional expertise necessary to effectively evaluate a | ||
qualifying project proposal. | ||
Sec. 2165.354. INITIAL REVIEW OF QUALIFYING PROJECT | ||
PROPOSAL. (a) The commission staff shall conduct an initial | ||
review of each qualifying project proposal submitted to the | ||
commission and provide to commission members a summary of the | ||
review, including an analysis and recommendations. | ||
(b) Subject to Subsection (c), the commission shall use a | ||
value for money analysis in evaluating each qualifying project | ||
proposal to: | ||
(1) conduct a thorough risk analysis of the proposal | ||
that identifies specific risks shared between this state and the | ||
private partner and subjects the risks to negotiation in the | ||
contract; | ||
(2) determine if the proposal is in the best long-term | ||
financial interest of this state; and | ||
(3) determine if the project will provide a tangible | ||
public benefit to this state. | ||
(c) If commission staff determine that a value for money | ||
analysis is not appropriate for evaluating a specific qualifying | ||
project proposal, the staff shall submit to the commission a | ||
written report stating the reasons for using an alternative | ||
analysis methodology. | ||
(d) The commission shall coordinate with the commission's | ||
office of internal audit for review and receipt of comments on the | ||
reasonableness of the assumptions used in the value for money | ||
analysis or alternative analysis methodology used to evaluate a | ||
qualifying project proposal under this section. | ||
Sec. 2165.355. INITIAL PUBLIC HEARING ON QUALIFYING PROJECT | ||
PROPOSAL. (a) Before submitting a detailed qualifying project | ||
proposal to the Partnership Advisory Commission as required under | ||
Section 2268.058, the commission must hold an initial public | ||
hearing on the proposal. | ||
(b) The commission must post a copy of the detailed | ||
qualifying project proposal on the commission's Internet website | ||
before the required public hearing and, before posting the | ||
proposal, redact all information included in the proposal that is | ||
considered confidential under Section 2267.066(c). | ||
(c) After the hearing, the commission shall: | ||
(1) modify the proposal as the commission determines | ||
appropriate based on the public comments; and | ||
(2) include the public comments in the documents | ||
submitted to the Partnership Advisory Commission and provide any | ||
additional information necessary for the evaluation required under | ||
Chapter 2268. | ||
Sec. 2165.356. SUBMISSION OF QUALIFYING PROJECT CONTRACT TO | ||
CONTRACT ADVISORY TEAM. (a) Not later than the 60th day before the | ||
date the commission is scheduled to vote on approval of a qualifying | ||
project contract, the commission must submit to the Contract | ||
Advisory Team established under Subchapter C, Chapter 2262, | ||
documentation of the modifications to a proposed qualifying project | ||
made during the commission's evaluation and negotiation process for | ||
the project, including a copy of: | ||
(1) the final draft of the contract; | ||
(2) the detailed qualifying project proposal; and | ||
(3) any executed interim or other agreement. | ||
(b) The Contract Advisory Team shall review the | ||
documentation submitted under Subsection (a) and provide written | ||
comments and recommendations to the commission. The review must | ||
focus on, but not be limited to, best practices for contract | ||
management and administration. | ||
(c) Commission staff shall provide to the commission | ||
members: | ||
(1) a copy of the Contract Advisory Team's written | ||
comments and recommendations; and | ||
(2) the staff's response to the comments and | ||
recommendations. | ||
Sec. 2165.3561. MUNICIPAL PROJECT. Not later than the 30th | ||
day before the date the commission is scheduled to meet and vote on | ||
a project to develop or improve state property in a municipality, | ||
the commission staff must: | ||
(1) place the project on the commission's meeting | ||
agenda to provide the public with notice of the meeting and an | ||
opportunity to comment; and | ||
(2) present sufficient information to commission | ||
members to enable the members to adequately prepare for the meeting | ||
and to address the members' questions and concerns. | ||
Sec. 2165.357. PROHIBITED EMPLOYMENT OF COMMISSION | ||
EMPLOYEE. (a) A commission employee may not be employed or hired | ||
by another person to perform duties that relate to the employee's | ||
specific duties in developing and implementing a qualifying | ||
project, including review, evaluation, development, and | ||
negotiation of a qualifying project proposal. | ||
(b) The commission shall obtain from each commission | ||
employee sufficient information for the commission to determine | ||
whether: | ||
(1) the employee is employed by another person; and | ||
(2) a potential conflict of interest exists between | ||
the employee's commission duties and the employee's duties with the | ||
other employer. | ||
(c) Each commission employee whose commission duties relate | ||
to a qualifying project, including long-range planning, real estate | ||
management, space management, and leasing services, shall attest | ||
that the employee is aware of and agrees to the commission's ethics | ||
and conflict-of-interest policies. | ||
(d) To the extent the employment is authorized by commission | ||
policy, this section does not prohibit additional employment for a | ||
commission employee whose commission duties are not related to a | ||
qualifying project. | ||
SECTION 14. The heading to Chapter 2166, Government Code, | ||
is amended to read as follows: | ||
CHAPTER 2166. BUILDING CONSTRUCTION AND ACQUISITION AND | ||
DISPOSITION OF REAL PROPERTY | ||
SECTION 15. Section 2166.001, Government Code, is amended | ||
by amending Subdivisions (1) and (1-a) and adding Subdivision (1-b) | ||
to read as follows: | ||
(1) "Capitol Complex" has the meaning prescribed by | ||
Section 411.061(a)(1). | ||
(1-a) "Commission" means the Texas Facilities | ||
Commission. | ||
(1-b) [ |
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reconstruction. | ||
SECTION 16. Section 2166.002, Government Code, is amended | ||
to read as follows: | ||
Sec. 2166.002. APPLICABILITY OF CHAPTER. This chapter | ||
applies only to a building construction project of the state, the | ||
acquisition of real property for state purposes, and the | ||
disposition of real property owned by the state. | ||
SECTION 17. Subsection (d), Section 2166.101, Government | ||
Code, is amended to read as follows: | ||
(d) The commission shall summarize its findings on the | ||
status of state-owned buildings and current information on | ||
construction costs in an electronically submitted [ |
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of the house of representatives, comptroller, and Legislative | ||
Budget Board not later than July 1 of each even-numbered year [ |
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SECTION 18. Subsection (b), Section 2166.102, Government | ||
Code, is amended to read as follows: | ||
(b) The commission shall maintain a six-year capital | ||
planning cycle and shall electronically submit [ |
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facilities plan with the governor, lieutenant governor, speaker of | ||
the house of representatives, [ |
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before July 1 of each even-numbered year. | ||
SECTION 19. Subsection (b), Section 2166.103, Government | ||
Code, is amended to read as follows: | ||
(b) Not later than July 1 of each even-numbered year [ |
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submit [ |
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of the house of representatives, the comptroller, and the | ||
Legislative Budget Board a report identifying counties in which | ||
more than 50,000 square feet of usable office space is needed and | ||
the commission's recommendations for meeting that need. The | ||
commission may recommend leasing or purchasing and renovating one | ||
or more existing buildings or constructing one or more buildings. | ||
SECTION 20. Subchapter C, Chapter 2166, Government Code, is | ||
amended by adding Sections 2166.105, 2166.106, 2166.1065, | ||
2166.107, and 2166.108 to read as follows: | ||
Sec. 2166.105. CAPITOL COMPLEX MASTER PLAN. (a) The | ||
commission shall prepare a Capitol Complex master plan that at a | ||
minimum includes: | ||
(1) an overview and summary of the previous plans for | ||
the Capitol Complex; | ||
(2) a stated strategic vision and long-term goals for | ||
the Capitol Complex; | ||
(3) an analysis of state property, including | ||
buildings, in the Capitol Complex and of the extent to which this | ||
state satisfies its space needs through use of the property; | ||
(4) detailed, site-specific proposals for state | ||
property in the Capitol Complex, including proposals on the use of | ||
property and space for public sector purposes; | ||
(5) an analysis of and recommendations for building | ||
design guidelines to ensure appropriate quality in new or remodeled | ||
buildings in the Capitol Complex; | ||
(6) an analysis of and recommendations for Capitol | ||
Complex infrastructure needs, including transportation, utilities, | ||
and parking; | ||
(7) for projects identified in the plan, an analysis | ||
of and recommendations for financing options; | ||
(8) time frames for implementing the plan components | ||
and any projects identified in the plan; | ||
(9) consideration of alternative options for meeting | ||
state space needs outside the Capitol Complex; and | ||
(10) other information relevant to the Capitol Complex | ||
as the commission determines appropriate. | ||
(b) The commission shall ensure that the General Land | ||
Office, the State Preservation Board, the Texas Historical | ||
Commission, and other relevant interested parties are included in | ||
each stage of the development of the Capitol Complex master plan. | ||
(c) The commission shall submit to the governor, lieutenant | ||
governor, speaker of the house of representatives, comptroller, and | ||
Legislative Budget Board: | ||
(1) not later than April 1, 2016, the initial Capitol | ||
Complex master plan; and | ||
(2) not later than July 1 of each even-numbered year | ||
thereafter, updates to the plan. | ||
(d) The commission shall ensure that the Capitol Complex | ||
master plan and the master facilities plan developed under Section | ||
2166.102 do not conflict and together comprehensively address the | ||
space needs of state agencies. | ||
Sec. 2166.106. REVIEW OF PROPOSED CAPITOL COMPLEX MASTER | ||
PLAN BY PARTNERSHIP ADVISORY COMMISSION. (a) Before a proposed | ||
Capitol Complex master plan or proposed update to the plan is | ||
submitted and considered approved under Section 2166.1065 and | ||
before the commission adopts the plan or update, the commission | ||
must submit the plan or update to the Partnership Advisory | ||
Commission established under Chapter 2268 for review and comment. | ||
(b) Not later than the 60th day after the date the | ||
Partnership Advisory Commission receives the plan or update, the | ||
advisory commission shall in a public hearing by majority vote of | ||
the members present: | ||
(1) vote to approve the plan or update; or | ||
(2) submit to the commission written comments and | ||
recommended modifications to the plan or update. | ||
Sec. 2166.1065. REVIEW OF CAPITOL COMPLEX MASTER PLAN BY | ||
STATE PRESERVATION BOARD AND GENERAL LAND OFFICE. (a) Not later | ||
than the 90th day before the date the commission holds a public | ||
meeting to discuss a proposed Capitol Complex master plan, the | ||
commission must submit the proposed plan to the State Preservation | ||
Board for review and comment. Not later than the 60th day before | ||
the date the commission holds a public meeting to discuss a proposed | ||
Capitol Complex master plan, the commission must submit the | ||
proposed plan to the General Land Office for review and comment. | ||
(b) Not later than the 60th day before the date the | ||
commission holds a public meeting to discuss a proposed update to | ||
the Capitol Complex master plan, the commission must submit the | ||
proposed update to the State Preservation Board and the General | ||
Land Office for review and comment. | ||
(c) Not later than the 90th day after the date the State | ||
Preservation Board receives from the commission a proposed Capitol | ||
Complex master plan and not later than the 60th day after the date | ||
the board receives from the commission a proposed update to the | ||
plan, the board may: | ||
(1) by a public vote disapprove the plan or update if | ||
the board determines that the goals or recommendations in the plan | ||
or update are not in the best interest of the state or of the Capitol | ||
Complex; and | ||
(2) submit to the commission written comments and | ||
recommended modifications to the plan or update. | ||
(d) The proposed Capitol Complex master plan or the proposed | ||
update to the plan is considered to be approved by the State | ||
Preservation Board if the board does not hold the public vote | ||
authorized by Subsection (c) on or before the date required under | ||
that subsection. | ||
(e) The review of the Capitol Complex master plan under this | ||
section is in addition to the review required for a proposed project | ||
under Section 443.0071. | ||
Sec. 2166.107. COMPREHENSIVE PLANNING AND DEVELOPMENT | ||
PROCESS. (a) The commission by rule shall adopt a comprehensive | ||
process for planning and developing state property in the | ||
commission's inventory and for assisting state agencies in space | ||
development planning for state property under Sections 2165.105 and | ||
2165.1061. | ||
(b) The process under this section at a minimum must | ||
include: | ||
(1) a clear approach and specific time frames for | ||
obtaining input throughout the planning and development process | ||
from the public, interested parties, and state agencies, including | ||
the General Land Office; | ||
(2) specific schedules for providing to the commission | ||
regular updates on planning and development efforts; | ||
(3) a public involvement policy to ensure that before | ||
the commission makes a decision on the use or development of state | ||
property the public and interested parties have the opportunity to | ||
review and comment on the commission's plans; and | ||
(4) confidentiality policies consistent with Chapter | ||
552. | ||
Sec. 2166.108. COMPREHENSIVE CAPITAL IMPROVEMENT AND | ||
DEFERRED MAINTENANCE PLAN. (a) The commission shall develop a | ||
comprehensive capital improvement and deferred maintenance plan | ||
that clearly defines the capital improvement needs and critical and | ||
noncritical maintenance needs of state buildings. | ||
(b) The comprehensive capital improvement and deferred | ||
maintenance plan must: | ||
(1) with respect to deferred maintenance projects: | ||
(A) list, with regular updates, deferred | ||
maintenance projects that contain critical high-priority projects | ||
and lower-priority, non-health and safety projects; | ||
(B) state the commission's plan for addressing | ||
the projects; | ||
(C) account for the completion of high-priority | ||
projects; | ||
(D) estimate when the lower-priority projects | ||
may become higher-priority projects; and | ||
(E) be modified as necessary to include | ||
additional maintenance projects; | ||
(2) contain a list of all predictable capital | ||
improvement projects, including a time frame and a cost estimate | ||
for each project; and | ||
(3) contain a plan, updated biennially, for responding | ||
to emergency repairs and replacements that, in consultation with | ||
the Legislative Budget Board, identifies potential sources of | ||
funds, which may include bonds and bond interest, that may be used | ||
to pay the costs of emergency repair and replacement projects. | ||
(c) The comprehensive capital improvement and deferred | ||
maintenance plan must include for each segment of the plan | ||
described by Subsection (b) a prioritized list by state agency | ||
facility of each project that includes an estimate of the project's | ||
cost and the aggregate costs for all facility projects. | ||
(d) The commission shall include the comprehensive capital | ||
improvement and deferred maintenance plan and regular updates to | ||
the plan in its long-range plan under Section 2166.102. The | ||
information included in the long-range plan must include the | ||
aggregate project costs for each state agency but may exclude the | ||
cost of each specific facility project. | ||
SECTION 21. Section 2175.184, Government Code, is amended | ||
to read as follows: | ||
Sec. 2175.184. DIRECT TRANSFER. (a) During the 10 | ||
business days after the date the property is posted on the | ||
comptroller's website, a state agency, political subdivision, or | ||
assistance organization shall coordinate with the commission for a | ||
transfer of the property at a price established by the | ||
commission. A transfer to a state agency has priority over any | ||
other transfer during this period. | ||
(b) A political subdivision or assistance organization may | ||
not lease, lend, bail, deconstruct, encumber, sell, trade, or | ||
otherwise dispose of property acquired under this section or | ||
acquired from a state agency under Section 2175.241 before the | ||
second anniversary of the date the property was acquired. A | ||
political subdivision or an assistance organization that violates | ||
this subsection shall remit to the commission the amount the | ||
political subdivision or assistance organization received from the | ||
lease, loan, bailment, deconstruction, encumbrance, sale, trade, | ||
or other disposition of the property unless the commission | ||
authorizes the action taken by the political subdivision or | ||
assistance organization with respect to the property. | ||
SECTION 22. Section 2175.905, Government Code, is amended | ||
by adding Subsection (d) to read as follows: | ||
(d) An assistance organization may not lease, lend, bail, | ||
deconstruct, encumber, sell, trade, or otherwise dispose of data | ||
processing equipment acquired under this section. The assistance | ||
organization may dispose of the equipment only by transferring the | ||
equipment to the school district that specified the assistance | ||
organization for transfer under this section. | ||
SECTION 23. Section 2267.001, Government Code, as added by | ||
Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular | ||
Session, 2011, is amended by adding Subdivisions (1-a), (5-a), | ||
(9-a), (9-b), (9-c), (10-a), and (14-a) and amending Subdivisions | ||
(10) and (12) to read as follows: | ||
(1-a) "Commission" means the Partnership Advisory | ||
Commission established under Chapter 2268. | ||
(5-a) "Improvement" means: | ||
(A) a building, structure, fixture, or fence | ||
erected on or affixed to land; | ||
(B) the installation of water, sewer, or drainage | ||
lines on, above, or under land; | ||
(C) the paving of undeveloped land; and | ||
(D) specialized software that in any manner is | ||
related to the control, management, maintenance, or operation of an | ||
improvement. | ||
(9-a) "Private entity" means any individual person, | ||
corporation, general partnership, limited liability company, | ||
limited partnership, joint venture, business trust, public benefit | ||
corporation, nonprofit entity, or other business entity. | ||
(9-b) "Property" means any matter or thing capable of | ||
public or private ownership. | ||
(9-c) "Proposer" means a private entity that submits a | ||
proposal to a responsible governmental entity or affected | ||
jurisdiction. | ||
(10) "Qualifying project" means: | ||
(A) any ferry, mass transit facility, vehicle | ||
parking facility, port facility, power generation facility, fuel | ||
supply facility, oil or gas pipeline, water supply facility, public | ||
work, waste treatment facility, hospital, school, medical or | ||
nursing care facility, recreational facility, public building, or | ||
other similar facility currently available or to be made available | ||
to a governmental entity for public use, including any structure, | ||
parking area, appurtenance, and other property required to operate | ||
the structure or facility and any technology infrastructure | ||
installed in the structure or facility that is essential to the | ||
project's purpose; or | ||
(B) any improvements necessary or desirable to | ||
[ |
||
(10-a) "Real property" means: | ||
(A) improved or unimproved land; | ||
(B) an improvement; | ||
(C) a mine or quarry; | ||
(D) a mineral in place; | ||
(E) standing timber; or | ||
(F) an estate or interest, other than a mortgage | ||
or deed of trust creating a lien on property or an interest securing | ||
payment or performance of an obligation, in a property described by | ||
Paragraphs (A) through (E). | ||
(12) "Revenue" means all revenue, income, earnings, | ||
user fees, lease payments, or other service payments that arise out | ||
of or in connection with [ |
||
qualifying project, including money received as a grant or | ||
otherwise from the federal government, a governmental entity, or | ||
any agency or instrumentality of the federal government or | ||
governmental entity in aid of the project. | ||
(14-a) "State entity" means a governmental entity | ||
described by Subdivision (5)(A). | ||
SECTION 24. Section 2267.003, Government Code, as added by | ||
Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular | ||
Session, 2011, is amended to read as follows: | ||
Sec. 2267.003. APPLICABILITY. This chapter does not apply | ||
to: | ||
(1) the financing, design, construction, maintenance, | ||
or operation of a highway in the state highway system; | ||
(2) a transportation authority created under Chapter | ||
451, 452, 453, or 460, Transportation Code; [ |
||
(3) any telecommunications, cable television, video | ||
service, or broadband infrastructure other than technology | ||
installed as part of a qualifying project that is essential to the | ||
project; or | ||
(4) except as provided by Section 2165.259, a | ||
qualifying project located in the Capitol Complex, as defined by | ||
Section 443.0071. | ||
SECTION 25. Subchapter A, Chapter 2267, Government Code, as | ||
added by Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, | ||
Regular Session, 2011, is amended by adding Sections 2267.005, | ||
2267.0051, 2267.0052, 2267.006, 2267.0061, 2267.0062, 2267.0063, | ||
2267.0064, 2267.0065, 2267.0066, and 2267.0067 to read as follows: | ||
Sec. 2267.005. CONFLICT OF INTEREST. An employee of a | ||
responsible governmental entity or a person related to the employee | ||
within the second degree by consanguinity or affinity, as | ||
determined under Chapter 573, may not accept money, a financial | ||
benefit, or other consideration from a contracting person that has | ||
entered into a comprehensive agreement with the responsible | ||
governmental entity. | ||
Sec. 2267.0051. PROHIBITED EMPLOYMENT WITH FORMER OR | ||
RETIRED GOVERNMENTAL ENTITY EMPLOYEES. (a) A contracting person | ||
may not employ or enter into a professional services contract or a | ||
consulting services contract under Chapter 2254 with a former or | ||
retired employee of the responsible governmental entity with which | ||
the person has entered into a comprehensive agreement before the | ||
first anniversary of the date on which the former or retired | ||
employee terminates employment with the entity. | ||
(b) This section does not prohibit the contracting person | ||
from entering into a professional services contract with a | ||
corporation, firm, or other business organization that employs a | ||
former or retired employee of the responsible governmental entity | ||
before the first anniversary of the date the former or retired | ||
employee terminates employment with the entity if the former or | ||
retired employee does not perform services for the corporation, | ||
firm, or other business organization under the comprehensive | ||
agreement with the responsible governmental entity that the former | ||
or retired employee worked on before terminating employment with | ||
the entity. | ||
Sec. 2267.0052. PROHIBITED EMPLOYMENT OF RESPONSIBLE | ||
GOVERNMENTAL ENTITY EMPLOYEES. (a) An employee of a responsible | ||
governmental entity may not be employed or hired by another person | ||
to perform duties that relate to the employee's specific duties in | ||
developing and implementing a qualifying project, including | ||
review, evaluation, development, and negotiation of a qualifying | ||
project proposal. | ||
(b) The responsible governmental entity shall obtain from | ||
each employee sufficient information to determine whether: | ||
(1) the employee is employed by another person; and | ||
(2) a potential conflict of interest exists between | ||
the employee's duties for the entity and the employee's duties with | ||
the other employer. | ||
(c) Each employee of a responsible governmental entity | ||
whose duties relate to a qualifying project shall attest that the | ||
employee is aware of and agrees to the responsible governmental | ||
entity's ethics and conflict-of-interest policies. | ||
(d) To the extent the other employment is authorized by the | ||
responsible governmental entity's policy, this section does not | ||
prohibit additional employment for an employee of a responsible | ||
governmental entity whose duties are not related to a qualifying | ||
project. | ||
Sec. 2267.006. DEVELOPMENT PLAN. (a) If the state intends | ||
to develop or operate a qualifying project under this chapter, the | ||
state entity proposing to develop or operate the project may adopt a | ||
development plan on the real property associated with the project. | ||
(b) The purpose of a development plan is to conserve and | ||
enhance the value of real property belonging to the state, taking | ||
into consideration the preservation of the health, safety, and | ||
general welfare of the communities in which the real property is | ||
situated. | ||
(c) The plan must address local land use planning | ||
ordinances, which may include the following: | ||
(1) allocation and location of specific uses of the | ||
real property, including residential, commercial, industrial, | ||
recreational, or other appropriate uses; | ||
(2) densities and intensities of designated land uses; | ||
(3) the timing and rate of development; | ||
(4) timely delivery of adequate facilities and | ||
services, including water, wastewater collection and treatment | ||
systems, parks and public recreational facilities, drainage | ||
facilities, school sites, and roads and transportation facilities; | ||
or | ||
(5) needed zoning and other land use regulations. | ||
(d) The plan must comply with existing rules, regulations, | ||
orders, or ordinances for real property development to the extent | ||
the rules, regulations, orders, or ordinances are not detrimental | ||
to the interests of the state as determined by the special board of | ||
review. | ||
Sec. 2267.0061. PUBLIC HEARING BEFORE PREPARATION OF | ||
DEVELOPMENT PLAN. (a) If the state entity is requested to prepare | ||
a development plan under Section 2267.006, the state entity shall | ||
notify the local government to which the plan will be submitted | ||
under Section 2267.0062 of the state entity's intent to prepare a | ||
development plan. The state entity shall provide the local | ||
government with information relating to: | ||
(1) the location of the real property to be offered for | ||
sale or lease; | ||
(2) the highest and best use of the real property; and | ||
(3) the process for preparing the development plan | ||
under Section 2267.006 and the process provided under Sections | ||
2267.0065 and 2267.0066 for the special board of review. | ||
(b) Not later than the 30th day after the date the local | ||
government receives the notice provided under Subsection (a), the | ||
local government may request the state entity to hold a public | ||
hearing to solicit public comment. If requested by the local | ||
government, the state entity shall hold a public hearing. The local | ||
government shall provide notice of the hearing to real property | ||
owners in at least the same manner that notice is provided for | ||
adopting zoning regulations or subdivision requirements in the | ||
local government's jurisdiction. The state entity shall set the | ||
agenda for the hearing, which must be completed not later than the | ||
120th day after the date notice is provided under Subsection (a). | ||
(c) If the local government does not request a public | ||
hearing under Subsection (b), the state entity may hold a hearing to | ||
solicit public comment. The state entity shall provide notice of | ||
the hearing in the same manner that a local government is required | ||
to provide notice under Subsection (b). The state entity shall set | ||
the agenda for the hearing and must complete the hearing not later | ||
than the 120th day after the date the notice is provided under | ||
Subsection (a). | ||
(d) A public hearing under this section may include: | ||
(1) a presentation by the state entity relating to the | ||
state entity's classification of the real property as unused or | ||
substantially underused and the state entity's recommendation of | ||
the highest and best use to which the real property may legally be | ||
placed; | ||
(2) a presentation by the local government relating to | ||
relevant local plans, development principles, and ordinances that | ||
may affect the development of the real property; and | ||
(3) oral comments and presentations of information by | ||
and written comments received from other persons relating to the | ||
development of the real property. | ||
(e) The state entity shall prepare a summary of the | ||
information and testimony presented at a hearing conducted under | ||
this section and may develop recommendations based on the | ||
information and testimony. The state entity shall prepare a report | ||
summarizing the information and testimony presented at the hearing | ||
and the views presented by the state, the affected local | ||
governments, and other persons who participated in the hearing | ||
process. The governing body of the state entity shall review the | ||
state entity's report and may instruct the state entity to | ||
incorporate information based on the report in preparing the | ||
development plan under Section 2267.006. | ||
(f) The state entity may adopt rules to implement this | ||
section. The state entity shall administer the process provided by | ||
this section. | ||
Sec. 2267.0062. SUBMISSION OF PLAN TO AFFECTED LOCAL | ||
GOVERNMENT. (a) The development plan adopted under Section | ||
2267.006 shall be submitted to any local government having | ||
jurisdiction over the real property in question for consideration. | ||
(b) The local government shall evaluate the plan and either | ||
accept or reject the plan not later than the 120th day after the | ||
date the state entity submits the plan. | ||
(c) The plan may be rejected by the local government only on | ||
grounds that it does not comply with local ordinances and land use | ||
regulations, including zoning and subdivision ordinances. | ||
(d) If the plan is rejected, the local government shall | ||
specifically identify any ordinance with which the plan conflicts | ||
and propose specific modifications to the plan that will bring it | ||
into compliance with the local ordinance. | ||
(e) If the plan is rejected by the affected local | ||
government, the state entity may modify the plan to conform to the | ||
ordinances specifically identified by the local government and | ||
resubmit the plan for approval, or the state entity may apply for | ||
necessary rezoning or variances from the local ordinances. | ||
(f) Failure by the local government to act within the | ||
120-day period prescribed by Subsection (b) is considered an | ||
acceptance by the local government of the plan. | ||
Sec. 2267.0063. REZONING. (a) If the plan would require | ||
zoning inconsistent with any existing zoning or other land use | ||
regulation, the state entity or its designated representative may | ||
at any time submit a request for rezoning to the local government | ||
with jurisdiction over the real property in question. | ||
(b) The rezoning or variance request shall be submitted in | ||
the same manner as any such request is submitted to the affected | ||
local government provided the local government takes final action | ||
on the request not later than the 120th day after the date the | ||
request for rezoning or variance is submitted. | ||
(c) Failure by the local government to act within the | ||
120-day period prescribed by Subsection (b) is considered an | ||
approval of the rezoning request by the local government. | ||
Sec. 2267.0064. FEES AND ASSESSMENTS. (a) The local | ||
government may not impose application, filing, or other fees or | ||
assessments on the state for consideration of the plan or the | ||
application for rezoning or variance submitted by the state. | ||
(b) The local government may not require the submission of | ||
architectural, engineering, or impact studies to be completed at | ||
state expense before considering the plan or application for | ||
rezoning or variance. | ||
Sec. 2267.0065. SPECIAL BOARD OF REVIEW. (a) If the local | ||
government denies the rezoning request submitted under this | ||
chapter, the matter may be appealed to a special board of review | ||
consisting of the following members: | ||
(1) the land commissioner; | ||
(2) the mayor of the municipality within whose | ||
corporate boundaries or extraterritorial jurisdiction the real | ||
property is located; | ||
(3) the county judge of the county in which the | ||
qualifying project is located; | ||
(4) the executive director of the state entity that | ||
proposes to develop or operate the qualifying project; and | ||
(5) a member appointed by the governor. | ||
(b) The land commissioner shall serve as the presiding | ||
officer of the special board of review. | ||
Sec. 2267.0066. HEARING. (a) The special board of review | ||
shall conduct one or more public hearings to consider the proposed | ||
development plan. | ||
(b) Hearings shall be conducted in accordance with rules | ||
adopted by the General Land Office for conducting a special review. | ||
(c) If real property is located in more than one | ||
municipality, the hearings on any single tract of real property may | ||
be combined. | ||
(d) Any political subdivision in which the tract in question | ||
is located and the appropriate central appraisal district shall | ||
receive written notice of board hearings at least 14 days before the | ||
date of the hearing. | ||
(e) At least one hearing shall be conducted in the county | ||
where the real property is located. | ||
(f) If after the hearings the special board of review | ||
determines that local zoning requirements are detrimental to the | ||
best interest of the state, the board shall issue an order | ||
establishing a development plan to govern the use of the real | ||
property as provided in this section. | ||
(g) Development of the real property shall be in accordance | ||
with the plan and must comply with all local rules, regulations, | ||
orders, or ordinances except as specifically identified in an order | ||
of the special board of review issued pursuant to Subsection (f). | ||
In the event that substantial progress is not made toward | ||
development of the tract within five years of the date of adoption | ||
by the special board of review, local development policies and | ||
procedures shall become applicable to development of the tract, | ||
unless the special board of review promulgates a new plan. | ||
(h) The hearing may not be considered a contested case | ||
proceeding under Chapter 2001 and is not subject to appeal under | ||
that chapter. | ||
Sec. 2267.0067. BINDING EFFECT OF DEVELOPMENT PLAN. | ||
(a) Except as provided by this subsection, a development plan | ||
promulgated by the special board of review under this chapter and | ||
any plan accepted by a local government shall be final and binding | ||
on the state, its lessees, successors in interest and assigns, and | ||
affected local governments or political subdivisions unless | ||
revised by the special board of review. If the state entity does | ||
not receive a bid or auction solicitation for the real property | ||
subject to the development plan, the state entity, at the direction | ||
of the executive director of the entity, may revise the development | ||
plan to conserve and enhance the value and marketability of the real | ||
property. | ||
(b) A local government, political subdivision, owner, | ||
builder, developer, or any other person may not modify the | ||
development plan without specific approval by the special board of | ||
review. | ||
(c) The special board of review must file a copy of the | ||
development plan in the deed records of the county in which the real | ||
property is located. Revisions to the development plan that are | ||
requested after the later of the 10th anniversary of the date on | ||
which the development plan was adopted by the special board of | ||
review or the date on which the state no longer holds a financial or | ||
property interest in the real property subject to the plan are | ||
governed by local development policies and procedures. | ||
SECTION 26. (a) Section 2267.051, Government Code, as | ||
added by Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, | ||
Regular Session, 2011, is amended by amending Subsection (a) and | ||
adding Subsection (a-1) to read as follows: | ||
(a) Except as provided by Subsection (a-1), a [ |
||
not develop or operate a qualifying project unless the person | ||
obtains the approval of and contracts with the responsible | ||
governmental entity under this chapter. The person may initiate | ||
the approval process by submitting a proposal requesting approval | ||
under Section 2267.053(a), or the responsible governmental entity | ||
may request proposals or invite bids under Section 2267.053(b). | ||
(a-1) A person may not develop or operate a qualifying | ||
project on property located within the Capitol Complex, as defined | ||
by Section 411.061(a)(1), unless the person obtains the approval of | ||
and contracts with the responsible governmental entity under this | ||
chapter. The person may not initiate the approval process by | ||
submitting a proposal requesting approval under Section | ||
2267.053(a). The responsible governmental entity may request | ||
proposals or invite bids under Section 2267.053(b). | ||
(b) If S.B. No. 894, Acts of the 83rd Legislature, Regular | ||
Session, 2013, or similar legislation relating to real property | ||
within the Capitol Complex is enacted and becomes law, this section | ||
has no effect. | ||
SECTION 27. Section 2267.052, Government Code, as added by | ||
Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular | ||
Session, 2011, is amended by amending Subsections (b) and (c) and | ||
adding Subsections (c-1) and (d) to read as follows: | ||
(b) The guidelines for a responsible governmental entity | ||
described by Section 2267.001(5)(A) must: | ||
(1) require the responsible governmental entity to: | ||
(A) make a representative of the entity available | ||
to meet with persons who are considering submitting a proposal; and | ||
(B) provide notice of the representative's | ||
availability; | ||
(2) provide reasonable criteria for choosing among | ||
competing proposals; | ||
(3) contain suggested timelines for selecting | ||
proposals and negotiating an interim or comprehensive agreement; | ||
(4) allow the responsible governmental entity to | ||
accelerate the selection, review, and documentation timelines for | ||
proposals involving a qualifying project considered a priority by | ||
the entity; | ||
(5) include financial review and analysis procedures | ||
that at a minimum consist of: | ||
(A) a cost-benefit analysis; | ||
(B) an assessment of opportunity cost; | ||
(C) consideration of the degree to which | ||
functionality and services similar to the functionality and | ||
services to be provided by the proposed project are already | ||
available in the private market; and | ||
(D) consideration of the results of all studies | ||
and analyses related to the proposed qualifying project; | ||
(6) allow the responsible governmental entity to | ||
consider the nonfinancial benefits of a proposed qualifying | ||
project; | ||
(7) ensure that the governmental entity, for a | ||
proposed project to improve real property, evaluates design | ||
quality, life-cycle costs, and the proposed project's relationship | ||
to any relevant comprehensive planning or zoning requirements; | ||
(8) include criteria for: | ||
(A) the qualifying project, including the scope, | ||
costs, and duration of the project and the involvement or impact of | ||
the project on multiple public entities; | ||
(B) the creation of and the responsibilities of | ||
an oversight committee, with members representing the responsible | ||
governmental entity, that acts as an advisory committee to review | ||
the terms of any proposed interim or comprehensive agreement; and | ||
(C) compliance with the requirements of Chapter | ||
2268; | ||
(9) [ |
||
to analyze the adequacy of the information to be released by the | ||
entity when seeking competing proposals and require that the entity | ||
provide more detailed information, if the entity determines | ||
necessary, to encourage competition, subject to Section | ||
2267.053(g); | ||
(10) [ |
||
and approvals required to ensure that the responsible governmental | ||
entity considers the extent of competition before selecting | ||
proposals and negotiating an interim or comprehensive agreement; | ||
and | ||
(11) [ |
||
public notice of a proposal requesting approval of a qualifying | ||
project, including: | ||
(A) specific information and documentation | ||
regarding the nature, timing, and scope of the qualifying project, | ||
as required under Section 2267.053(a); | ||
(B) a reasonable period, as determined by the | ||
responsible governmental entity, of not less than 45 days or more | ||
than 180 days, or a longer period specified by the governing body of | ||
the responsible governmental entity to accommodate a large-scale | ||
project, [ |
||
encourage competition and partnerships with private entities and | ||
other persons in accordance with the goals of this chapter, during | ||
which the responsible governmental entity must accept submission of | ||
competing proposals for the qualifying project; and | ||
(C) a requirement for advertising the notice on | ||
the governmental entity's Internet website and on TexasOnline or | ||
the state's official Internet website. | ||
(c) The guidelines of a responsible governmental entity | ||
described by Section 2267.001(5)(B) must include: | ||
(1) [ |
||
Subsection (b); and | ||
(2) [ |
||
entity engage the services of qualified professionals, including an | ||
architect, professional engineer, or certified public accountant, | ||
not otherwise employed by the governmental entity, to provide | ||
independent analyses regarding the specifics, advantages, | ||
disadvantages, and long-term and short-term costs of any proposal | ||
requesting approval of a qualifying project unless the governing | ||
body of the governmental entity determines that the analysis of the | ||
proposal is to be performed by similarly qualified employees of the | ||
governmental entity. | ||
(c-1) For a proposal with an estimated cost of $5 million or | ||
more for the construction or renovation of a structure or project, | ||
the analysis conducted under Subsection (c)(2) must include review | ||
of the proposal by an architect, a professional engineer, and a | ||
certified public accountant not otherwise employed by the | ||
governmental entity. | ||
(d) A responsible governmental entity described by Section | ||
2267.001(5)(A) shall submit a copy of the guidelines adopted by the | ||
entity under this section to the commission for approval by the | ||
commission consistent with the requirements of Subsection (b). The | ||
commission shall prescribe the procedure for submitting the | ||
guidelines for review under this section. The commission must | ||
complete its review of the guidelines not later than the 60th day | ||
after the date the commission receives the guidelines and provide | ||
written comments and recommendations to the governmental entity to | ||
ensure timely compliance with Subsection (b). The governmental | ||
entity may not request or consider a proposal for a qualifying | ||
project until the guidelines are approved by the commission. | ||
SECTION 28. Section 2267.053, Government Code, as added by | ||
Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular | ||
Session, 2011, is amended by amending Subsections (a), (b), (g), | ||
and (h) and adding Subsections (a-1), (b-1), and (b-2) to read as | ||
follows: | ||
(a) A private entity or other person may submit a proposal | ||
requesting approval of a qualifying project by the responsible | ||
governmental entity. The proposal must be accompanied by the | ||
following, unless waived by the responsible governmental entity: | ||
(1) a topographic map, with a 1:2,000 or other | ||
appropriate scale, indicating the location of the qualifying | ||
project; | ||
(2) a description of the qualifying project, | ||
including: | ||
(A) the conceptual design of any facility or a | ||
conceptual plan for the provision of services or technology | ||
infrastructure; and | ||
(B) a schedule for the initiation of and | ||
completion of the qualifying project that includes the proposed | ||
major responsibilities and timeline for activities to be performed | ||
by the governmental entity and the person; | ||
(3) a statement of the method the person proposes for | ||
securing necessary property interests required for the qualifying | ||
project; | ||
(4) information relating to any current plans for the | ||
development of facilities or technology infrastructure to be used | ||
by a governmental entity that are similar to the qualifying project | ||
being proposed by the person for each affected jurisdiction; | ||
(5) a list of all permits and approvals required for | ||
the development and completion of the qualifying project from | ||
local, state, or federal agencies and a projected schedule for | ||
obtaining the permits and approvals; | ||
(6) a list of any facilities that will be affected by | ||
the qualifying project and a statement of the person's plans to | ||
accommodate the affected facilities; | ||
(7) a statement on the person's general plans for | ||
financing the qualifying project, including the sources of the | ||
person's funds and identification of any dedicated revenue source | ||
or proposed debt or equity investment for the person; | ||
(8) the name and address of each individual who may be | ||
contacted for further information concerning the request; | ||
(9) user fees, lease payments, and other service | ||
payments over the term of any applicable interim or comprehensive | ||
agreement and the methodology and circumstances for changes to the | ||
user fees, lease payments, and other service payments over time; | ||
(10) a statement of the specific public purpose served | ||
by the qualifying project; | ||
(11) a statement describing the qualifying project's | ||
compliance with the responsible governmental entity's best value | ||
determination under Subsection (b-1); and | ||
(12) [ |
||
the responsible governmental entity reasonably requests. | ||
(a-1) A responsible governmental entity that accepts an | ||
unsolicited proposal for a qualifying project under Subsection (a), | ||
in accordance with the requirements of Section 2267.052(b)(11)(B), | ||
shall select the contracting person for the project by soliciting | ||
additional proposals through a request for qualifications, request | ||
for proposals, or invitation to bid. | ||
(b) A responsible governmental entity may request proposals | ||
or invite bids from persons for the development or operation of a | ||
qualifying project. | ||
(b-1) A responsible governmental entity shall make a best | ||
value determination in evaluating the proposals received and | ||
consider the total project cost as one factor in evaluating the | ||
proposals. The responsible governmental entity [ |
||
not required to select the proposal that offers the lowest total | ||
project cost and[ |
||
consider the following factors: | ||
(1) the proposed cost of the qualifying project; | ||
(2) the general reputation, industry experience, and | ||
financial capacity of the person submitting a proposal; | ||
(3) the proposed design and overall quality of the | ||
qualifying project; | ||
(4) the eligibility of the project for accelerated | ||
selection, review, and documentation timelines under the | ||
responsible governmental entity's guidelines; | ||
(5) comments from local citizens and affected | ||
jurisdictions; | ||
(6) benefits to the public; | ||
(7) the person's good faith effort to comply with the | ||
goals of a historically underutilized business plan; | ||
(8) the person's plans to employ local contractors and | ||
residents; | ||
(9) for a qualifying project that involves a | ||
continuing role beyond design and construction, the person's | ||
proposed rate of return and opportunities for revenue sharing; | ||
(10) the relationship and conformity of the qualifying | ||
project to a state or local community plan impacted by the | ||
qualifying project or to the uses of property surrounding the | ||
qualifying project; | ||
(11) the historic significance of the property on | ||
which the qualifying project is proposed to be located; | ||
(12) the environmental impact of the qualifying | ||
project; and | ||
(13) [ |
||
governmental entity considers appropriate. | ||
(b-2) A responsible governmental entity may approve a | ||
qualifying project that the governmental entity determines serves a | ||
public purpose. The responsible governmental entity must include | ||
in the comprehensive agreement for the qualifying project a written | ||
declaration of the specific public purpose served by the project. | ||
(g) The responsible governmental entity shall take action | ||
appropriate under Section 552.153 to protect confidential and | ||
proprietary information provided by a private entity submitting the | ||
proposal and by the contracting person under an agreement. | ||
(h) Before completing the negotiation and entering into | ||
[ |
||
responsible governmental entity described by Section | ||
2267.001(5)(A) must submit copies of detailed proposals, including | ||
drafts of any interim agreement and the comprehensive agreement, to | ||
the Partnership Advisory Commission in accordance with Chapter | ||
2268. | ||
SECTION 29. Subsection (a), Section 2267.055, Government | ||
Code, as added by Chapter 1334 (S.B. 1048), Acts of the 82nd | ||
Legislature, Regular Session, 2011, is amended to read as follows: | ||
(a) A private entity whose proposal, other than a proposal | ||
for a service contract, is accepted for conceptual stage evaluation | ||
[ |
||
|
||
jurisdiction by providing a copy of its proposal to the affected | ||
jurisdiction. | ||
SECTION 30. Section 2267.058, Government Code, as added by | ||
Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular | ||
Session, 2011, is amended by amending Subsection (a) and adding | ||
Subsection (g) to read as follows: | ||
(a) Before developing or operating the qualifying project, | ||
the contracting person must enter into a comprehensive agreement | ||
with a responsible governmental entity. The comprehensive | ||
agreement shall provide for: | ||
(1) delivery of letters of credit or other security in | ||
connection with the development or operation of the qualifying | ||
project, in the forms and amounts satisfactory to the responsible | ||
governmental entity, and delivery of performance and payment bonds | ||
in compliance with Chapter 2253 for all construction activities; | ||
(2) review of plans and specifications for the | ||
qualifying project by the responsible governmental entity and | ||
approval by the responsible governmental entity indicating that | ||
[ |
||
to the responsible governmental entity, except that the contracting | ||
person may not be required to provide final design documents for | ||
[ |
||
of a comprehensive agreement; | ||
(3) inspection of the qualifying project by the | ||
responsible governmental entity to ensure that the contracting | ||
person's activities are acceptable to the responsible governmental | ||
entity in accordance with the comprehensive agreement; | ||
(4) maintenance of a public liability insurance | ||
policy, copies of which must be filed with the responsible | ||
governmental entity accompanied by proofs of coverage, or | ||
self-insurance, each in the form and amount satisfactory to the | ||
responsible governmental entity and reasonably sufficient to | ||
ensure coverage of tort liability to the public and project | ||
employees and to enable the continued operation of the qualifying | ||
project; | ||
(5) monitoring of the practices of the contracting | ||
person by the responsible governmental entity to ensure that the | ||
qualifying project is properly maintained; | ||
(6) reimbursement to be paid to the responsible | ||
governmental entity for services provided by the responsible | ||
governmental entity; | ||
(7) filing of appropriate financial statements on a | ||
periodic basis; and | ||
(8) policies and procedures governing the rights and | ||
responsibilities of the responsible governmental entity and the | ||
contracting person if the comprehensive agreement is terminated or | ||
there is a material default by the contracting person, including | ||
conditions governing: | ||
(A) assumption of the duties and | ||
responsibilities of the contracting person by the responsible | ||
governmental entity; and | ||
(B) the transfer or purchase of property or other | ||
interests of the contracting person to the responsible governmental | ||
entity. | ||
(g) The comprehensive agreement must provide that a | ||
security document or other instrument purporting to mortgage, | ||
pledge, encumber, or create a lien, charge, or security interest on | ||
or against the contracting party's interest may not extend to or | ||
affect the fee simple interest of the state in the qualifying | ||
project or the state's rights or interests under the comprehensive | ||
agreement. Any holder of debt shall acknowledge that the mortgage, | ||
pledge, or encumbrance or a lien, charge, or security interest on or | ||
against the contracting party's interest is subordinate to the fee | ||
simple interest of the state in the qualifying project and the | ||
state's rights or interests under the comprehensive agreement. | ||
SECTION 31. The heading to Section 2267.066, Government | ||
Code, is amended to read as follows: | ||
Sec. 2267.066. POSTING OF PROPOSALS; PUBLIC COMMENT; PUBLIC | ||
ACCESS TO PROCUREMENT RECORDS; FINAL VOTE. | ||
SECTION 32. Section 2267.066, Government Code, is amended | ||
by amending Subsections (c) and (d) and adding Subsection (e-1) to | ||
read as follows: | ||
(c) Trade secrets, proprietary information, financial | ||
records, and work product [ |
||
|
||
and may not be posted or made available for public inspection except | ||
as otherwise agreed to by the responsible governmental entity and | ||
the proposer [ |
||
responsible governmental entity of a detailed qualifying project | ||
proposal to the commission, the trade secrets, proprietary | ||
information, financial records, and work product of the proposer | ||
are not protected from disclosure unless expressly excepted from | ||
the requirements of Chapter 552 or considered confidential under | ||
other law. | ||
(d) The responsible governmental entity shall hold a public | ||
hearing on the proposal during the proposal review process not | ||
later than the 30th day before the date the entity enters into an | ||
interim or comprehensive agreement. The public hearing shall be | ||
held in the area in which the proposed qualifying project is to be | ||
performed. | ||
(e-1) After making the proposed comprehensive agreement | ||
available as required by Subsection (e), the responsible | ||
governmental entity shall hold a public hearing on the final | ||
version of the proposed comprehensive agreement and vote on the | ||
proposed comprehensive agreement after the hearing. The hearing | ||
must be held not later than the 10th day before the date the entity | ||
enters into a comprehensive agreement with a contracting person. | ||
SECTION 33. (a) Subchapter B, Chapter 2267, Government | ||
Code, as added by Chapter 1334 (S.B. 1048), Acts of the 82nd | ||
Legislature, Regular Session, 2011, is amended by adding Section | ||
2267.067 to read as follows: | ||
Sec. 2267.067. QUALIFYING PROJECT IN CAPITOL COMPLEX. | ||
(a) A qualifying project for property located in the Capitol | ||
Complex, as defined by Section 411.061(a)(1), must be consistent | ||
with Capitol Complex design guidelines or standards adopted as part | ||
of the Capitol Complex master plan developed under Section | ||
2166.105. | ||
(b) A responsible governmental entity shall include design | ||
guidelines and standards defined in Subsection (a) in the request | ||
for proposals or invitation for bids for the development or | ||
operation of a qualifying project and inform the persons who submit | ||
proposals of the requirement to comply with the design guidelines | ||
and standards. The final proposal or invitation must be submitted | ||
to the State Preservation Board for verification that the proposal | ||
complies with the design guidelines and standards. | ||
(c) A responsible governmental entity shall submit a final | ||
qualifying project proposal for property in the area described by | ||
Subsection (a) to the State Preservation Board. The board by | ||
majority vote may disapprove the proposal not later than the 60th | ||
day after the date the proposal is received by the board. | ||
(d) A responsible governmental entity may not approve a | ||
qualifying project proposal for property in the area described by | ||
Subsection (a) before September 1, 2015. This subsection expires | ||
September 1, 2015. | ||
(b) If S.B. No. 894, Acts of the 83rd Legislature, Regular | ||
Session, 2013, or similar legislation relating to real property | ||
within the Capitol Complex is enacted and becomes law, this section | ||
has no effect. | ||
SECTION 34. Section 2268.055, Government Code, is amended | ||
to read as follows: | ||
Sec. 2268.055. MEETINGS. (a) The commission shall hold | ||
meetings quarterly or on the call of the presiding officer. | ||
(b) Commission meetings are subject to Chapter 551. | ||
SECTION 35. Subsection (d), Section 2268.056, Government | ||
Code, is amended to read as follows: | ||
(d) The Texas Facilities Commission, using the qualifying | ||
project fees authorized under Section 2165.353, [ |
||
|
||
services of its architectural, engineering, and real estate staff | ||
and the expertise of financial, technical, and other necessary | ||
advisors and consultants, authorized under Section 2267.053(d), as | ||
necessary to support the Partnership Advisory Commission in its | ||
review and evaluation of proposals, including financial and risk | ||
allocation analysis and ongoing contract performance monitoring of | ||
qualifying projects. The Texas Facilities Commission shall assign | ||
staff and contracted advisors and consultants necessary to perform | ||
the duties required by this subsection [ |
||
|
||
SECTION 36. Subsections (e), (g), and (i), Section | ||
2268.058, Government Code, are amended to read as follows: | ||
(e) The [ |
||
vote of the members present shall approve or disapprove each | ||
detailed [ |
||
review and may[ |
||
recommendations to the responsible governmental entity not later | ||
than the 45th day after the date the commission receives complete | ||
copies of the detailed proposal. If the commission does not | ||
provide its findings or recommendations to the responsible | ||
governmental entity by that date, the commission is considered to | ||
[ |
||
findings or recommendations on the proposal. | ||
(g) The commission shall include in any [ |
||
|
||
provided to the responsible governmental entity [ |
||
(1) a determination on whether the terms of the | ||
proposal and proposed qualifying project create state | ||
tax-supported debt, taking into consideration the specific | ||
findings of the comptroller with respect to the recommendation; | ||
(2) an analysis of the potential financial impact of | ||
the qualifying project; | ||
(3) a review of the policy aspects of the detailed | ||
proposal and the qualifying project; and | ||
(4) proposed general business terms. | ||
(i) The [ |
||
responsible governmental entity may not negotiate [ |
||
|
||
detailed proposal that has been disapproved by [ |
||
commission [ |
||
|
||
SECTION 37. Subsection (d), Section 31.155, Natural | ||
Resources Code, is amended to read as follows: | ||
(d) The duty under this subchapter of the division to review | ||
and verify real property records and to make recommendations | ||
regarding real property and of the commissioner to prepare a report | ||
involving real property does not apply to: | ||
(1) the real property of an institution of higher | ||
education; | ||
(2) the real property that is part of a fund created or | ||
specifically authorized by the constitution of this state and that | ||
is administered by or with the assistance of the land office; | ||
(3) the real property of the Employees Retirement | ||
System of Texas; [ |
||
(4) the real property of the Teacher Retirement System | ||
of Texas; and | ||
(5) the real property included in the Capitol Complex | ||
as defined by Section 411.061(a)(1), Government Code. | ||
SECTION 38. Subsection (d), Section 2268.058, Government | ||
Code, is repealed. | ||
SECTION 39. (a) Not later than January 1, 2014, the | ||
following are transferred from the Texas School for the Blind and | ||
Visually Impaired to the Texas Facilities Commission: | ||
(1) the powers, duties, functions, programs, and | ||
activities of the Texas School for the Blind and Visually Impaired | ||
relating to the maintenance of the school's physical facilities; | ||
(2) any obligations and contracts of the Texas School | ||
for the Blind and Visually Impaired that are directly related to | ||
implementing a power, duty, function, program, or activity | ||
transferred under this subsection; and | ||
(3) all property and records in the custody of the | ||
Texas School for the Blind and Visually Impaired that are related to | ||
a power, duty, function, program, or activity transferred under | ||
this subsection and all funds appropriated by the legislature for | ||
that power, duty, function, program, or activity. | ||
(b) The Texas Facilities Commission and the Texas School for | ||
the Blind and Visually Impaired shall enter into a memorandum of | ||
understanding as provided by Subsection (h-1), Section 30.022, | ||
Education Code, as added by this Act, that: | ||
(1) identifies in detail the applicable powers and | ||
duties that are transferred between the two agencies by this Act; | ||
and | ||
(2) establishes a plan for the identification and | ||
transfer of the records, personnel, property, and unspent | ||
appropriations of the Texas School for the Blind and Visually | ||
Impaired that are used for purposes of the commission's powers and | ||
duties directly related to the maintenance of the school's physical | ||
facilities under Section 30.022, Education Code. | ||
SECTION 40. (a) Not later than January 1, 2014, the | ||
following are transferred from the Texas School for the Deaf to the | ||
Texas Facilities Commission: | ||
(1) the powers, duties, functions, programs, and | ||
activities of the Texas School for the Deaf relating to the | ||
maintenance of the school's physical facilities; | ||
(2) any obligations and contracts of the Texas School | ||
for the Deaf that are directly related to implementing a power, | ||
duty, function, program, or activity transferred under this | ||
subsection; and | ||
(3) all property and records in the custody of the | ||
Texas School for the Deaf that are related to a power, duty, | ||
function, program, or activity transferred under this subsection | ||
and all funds appropriated by the legislature for that power, duty, | ||
function, program, or activity. | ||
(b) The Texas Facilities Commission and the Texas School for | ||
the Deaf shall enter into a memorandum of understanding as provided | ||
by Subsection (h-1), Section 30.052, Education Code, as added by | ||
this Act, that: | ||
(1) identifies in detail the applicable powers and | ||
duties that are transferred between the two agencies by this Act; | ||
and | ||
(2) establishes a plan for the identification and | ||
transfer of the records, personnel, property, and unspent | ||
appropriations of the Texas School for the Deaf that are used for | ||
purposes of the commission's powers and duties directly related to | ||
the maintenance of the school's physical facilities under Section | ||
30.052, Education Code. | ||
SECTION 41. The Texas Facilities Commission shall: | ||
(1) not later than January 1, 2014: | ||
(A) develop the qualifying project review | ||
guidelines required by Section 2165.352, Government Code, as added | ||
by this Act; | ||
(B) develop the qualifying project proposal fee | ||
schedule required by Section 2165.353, Government Code, as added by | ||
this Act; and | ||
(C) adopt the comprehensive planning and | ||
development process required by Section 2166.107, Government Code, | ||
as added by this Act; | ||
(2) not later than July 1, 2014, prepare the | ||
comprehensive capital improvement and deferred maintenance plan | ||
required by Section 2166.108, Government Code, as added by this | ||
Act; and | ||
(3) not later than April 1, 2016, prepare the Capitol | ||
Complex master plan required by Section 2166.105, Government Code, | ||
as added by this Act, and submit the plan as required by that | ||
section. | ||
SECTION 42. Not later than December 1, 2016, the | ||
Partnership Advisory Commission established under Chapter 2268, | ||
Government Code, shall submit to the lieutenant governor, the | ||
speaker of the house of representatives, and the appropriate | ||
legislative standing committees recommendations on proposed | ||
amendments to Chapters 2267 and 2268, Government Code. | ||
SECTION 43. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 211 passed the Senate on | ||
April 11, 2013, by the following vote: Yeas 31, Nays 0; | ||
May 21, 2013, Senate refused to concur in House amendments and | ||
requested appointment of Conference Committee; May 22, 2013, House | ||
granted request of the Senate; May 26, 2013, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 31, | ||
Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 211 passed the House, with | ||
amendments, on May 15, 2013, by the following vote: Yeas 141, | ||
Nays 2, three present not voting; May 22, 2013, House granted | ||
request of the Senate for appointment of Conference Committee; | ||
May 26, 2013, House adopted Conference Committee Report by the | ||
following vote: Yeas 144, Nays 0, three present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |